Coulter v James et al

Filing 24

ORDER signed by District Judge Stanley A Bastian on 8/15/17: Plaintiff's Whistleblower Protection Act claim and Federal Tort Act claim for Intentional Infliction of Emotional Distress are DISMISSED, for failure to exhaust administrative remedies. The Clerk of Court is directed to enter this Order, forward copies to counsel, and close the files. (Kaminski, H)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 AT SACRAMENTO FILED Aug 15, 2017 CLERK, U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTOPHER COULTER, 11 Plaintiff, 12 No. 2:16-cv-02076-SB v. 13 THE DEPARTMENT OF THE AIR ORDER DENYING 14 FORCE, DEBORAH LEE JAMES, PLAINTIFF’S REQUEST FOR A 15 SECRETRARY OF THE DEPARTMENT STAY; DISMISSING 16 OF THE AIR FORCE, UNITED STATES REMAINING CLAIMS; 17 OF AMERICA, AND DOES 1-20, CLOSING FILE 18 Defendants. 19 20 Previously, the Court granted Defendants’ Motion to Dismiss, in part, and 21 requested further briefing on Plaintiff’s request to stay the two remaining claims. 22 ECF No. 21. After reviewing the parties’ briefing, it is clear the proper course of 23 action is to dismiss Plaintiff’s Whistleblower Protection Act claim and his Federal 24 Tort Act claim for Intentional Infliction of Emotional Distress. 25 Accordingly, IT IS HEREBY ORDERED: 26 1. Plaintiff’s Whistleblower Protection Act claim and Federal Tort Act 27 claim for Intentional Infliction of Emotional Distress are DISMISSED, for 28 failure to exhaust administrative remedies. ORDER DENYING PLAINTIFF’S REQUEST FOR A STAY; DISMISSING REMAIING CLAIMS; CLOSING FILE ~ 1 1 2. The above-captioned case is DISMISSED. 2 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 3 forward copies to counsel, and close the files. 4 DATED this 15th day of August, 2017. 5 6 7 8 9 ___________________________ Stanley A. Bastian United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING PLAINTIFF’S REQUEST FOR A STAY; DISMISSING REMAIING CLAIMS; CLOSING FILE ~ 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?